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Application for employers to be granted an exemption to commission physicians to perform occupational health screening (Section 7 (2) of the Ordinance on Occupational Health Screening (ArbMedVV))

Service Description

According to Section 7, Paragraph 1 of the ArbMedVV, preventive occupational medicine for employees may generally only be performed by a physician who holds the regional title of "Occupational Medicine" or the additional title of "Occupational Medicine".

For this reason, employers must commission doctors with this specialist qualification to carry out preventive occupational medicine in accordance with Section 3 Paragraph 2 ArbMedVV for individual occasions, without prejudice to other provisions in the Annex.

If it is not possible to commission such physicians, the Regional Inspectorate for Eastern Thuringia of the TLV's Occupational Health and Safety Department, which is responsible for the subject matter, may, at the employer's request and in justified individual cases, authorize other physicians with the appropriate expertise to carry out preventive occupational medicine.

Process flow

Employers must apply for a special permit in accordance with Section 7, Paragraph 2 of the ArbMedVV for a suitable physician to ensure appropriate occupational health care for their employees in accordance with Section 3, Paragraph 2 of the ArbMedVV, if a physician with the regional designation of occupational medicine or additional designation of occupational medicine is not available and therefore cannot be commissioned by them. The approval, which is limited to a maximum of 5 years, is granted subject to revocation at any time.

Who should I contact?

Contact the regional inspectorate with technical responsibility:

Thuringian Regional Office for Consumer Protection
Regional Inspectorate East Thuringia
Otto-Dix-Str. 9
07548 Gera


We recommend that you submit the completed application form online to the Regional Inspectorate of Eastern Thuringia (e-mail address: as-ost@tlv.thueringen.de).

Requirements

The application for exemption can only be approved if:

  • there is no physician available who is a specialist in occupational medicine and therefore cannot be commissioned, and
  • the approving physician can prove that he/she has the experience and the equipment required for the upcoming precaution.

The physician must agree with the application and be prepared to provide the TLV's East Thuringia Regional Inspectorate with appropriate evidence. These can be attached to the application as an appendix.

Which documents are required?

The following documents are required for processing the application:

  • Evidence from the employer that a physician with the qualifications required by § 7 Para. 1 ArbMedVV is not available regionally or can only be reached at a disproportionately high cost.
  • Declaration of consent by the physician who is to perform the occupational medical checkup
  • Proof of the physician's license to practice medicine
  • Proof of professional experience as a practicing physician or specialist with reference to the activities to be performed in the company
  • Proof of participation in suitable continuing education and training events
  • Proof of the necessary spatial, technical and personnel equipment for the intended preventive care

What are the fees?

In accordance with the Thuringian Administrative Cost Regulations for the Business Division of the Ministry of Labor, Social Affairs, Health, Women and Family (ThürVwKostOMASGFF) of December 11, 2001, a framework fee of 60 to 250 euros is provided for the processing of applications in the Administrative Cost Schedule for Occupational Health and Safety, Part A, Lfd. No. 1.4.1 provides for a framework fee of 60 to 250 euros.

What deadlines do I have to pay attention to?

The employer must ensure that preventive occupational health care is carried out for employees before they start work and then at regular intervals on the basis of the risk assessment. Accordingly, he must appoint a suitable specialist physician in accordance with Section 7, Paragraph 1 of the ArbMedVV.

If the appointment has not been made before the start of the activity, it must be made up for immediately. This exemption can also occur as a consequence of the termination of the care contract by a suitable physician.

Processing duration

Promptly after receipt of application

Legal basis

Applications / forms

An appeal against the issued decision can be lodged with the TLV within one month of notification.

Appeal

Application for the granting of an exemption for the commissioning of physicians to carry out occupational health screening in accordance with Section 7 (2) of the Ordinance on Occupational Health Screening (ArbMedVV)

Author

The text was automatically translated based on the German content per DeepL.

Technically approved by

Thuringian State Office for Consumer Protection (TLV)

Professionally released on

01.02.2019

Source: Zuständigkeitsfinder Thüringen (Linie6Plus)

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